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Arizona SB 1070
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Arizona SB 1070, officially named the Support Our Law Enforcement and Safe Neighborhoods Act, was passed by the Arizona State Legislature in 2010 and signed into law by Governor Jan Brewer (R) on April 23, 2010. The law created new state immigration-related crimes and broadened the authority of state and local law enforcement to enforce immigration laws. The United States government challenged four provisions of the law in Arizona v. United States on the grounds that they were preempted by federal law. In 2012, the United States Supreme Court struck down three of the challenged provisions as preempted while upholding one as not preempted.
Background
- See also: Arizona State Legislature
Justice Anthony Kennedy, writing the majority opinion in Arizona v. United States, a lawsuit against SB 1070, summarized the conditions surrounding the law's passage as such:[1]
| “ |
Arizona bears many of the consequences of unlawful immigration. Hundreds of thousands of deportable aliens are apprehended in Arizona each year. Unauthorized aliens who remain in the State comprise, by one estimate, almost six percent of the population. And in the State's most populous county, these aliens are reported to be responsible for a disproportionate share of serious crime. Statistics alone do not capture the full extent of Arizona's concerns. Accounts in the record suggest there is an "epidemic of crime, safety risks, serious property damage, and environmental problems" associated with the influx of illegal migration across private land near the Mexican border. Phoenix is a major city of the United States, yet signs along an interstate highway 30 miles to the south warn the public to stay away. One reads, "DANGER—PUBLIC WARNING—TRAVEL NOT RECOMMENDED / Active Drug and Human Smuggling Area / Visitors May Encounter Armed Criminals and Smuggling Vehicles Traveling at High Rates of Speed." The problems posed to the State by illegal immigration must not be underestimated.[2] |
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| —Justice Anthony Kennedy | ||
SB 1070 was enacted with the intention of addressing these perceived issues of immigration and crime by deterring unlawful entry into the country and economic activity by persons residing in the state without legal permission.[1]
Legislative history
SB 1070, also called the Support Our Law Enforcement and Safe Neighborhoods Act, was introduced in the Arizona State Senate in January 2010 by Senator Russell Pearce (R). The bill passed the senate 17-13 in February 2010, and in April the house passed a modified version of the bill 35-21. Governor Jan Brewer (R) signed the bill into law on April 23, 2010.[3][4]
Provisions
SB 1070 contained four primary provisions related to immigration enforcement:[5]
- The first provision made it a state crime to reside in the United States without legal permission.
- The second provision made it a state crime to work in the United States without legal permission
- The third provision required law enforcement officers to verify the legal status of all individuals who were arrested or detained
- The fourth provision allowed law enforcement officers to arrest individuals without a warrant based on probable cause of unlawful presence
State crime to reside without legal permission
SB 1070 created a new misdemeanor offense for a non-citizen to fail to complete and carry immigrant registration documents. The penalty for the misdemeanor was a fine of $100 and imprisonment of 20 days for the first violation and 30 days for subsequent violations. Individuals sentenced under the offense were made ineligible for a suspended sentence, probation, pardon, commutation of sentence, or early release.[6]
State crime to work without legal permission
SB 1070 created a new misdemeanor offense for individuals residing in the country without legal permission to apply for or perform work in the state of Arizona. The offense was punishable by up to six months in prison for a first offense.[6]
Requirement to verify legal status
SB 1070 required state and local law enforcement to attempt to determine an individual's legal status when making a lawful stop, detention, or arrest, if reasonable suspicion of unlawful presence exists. Under this provision, those arrested were to be held until their legal status was determined and verified with the federal government. Race, color, and national origin were not to be considered in enforcement of this provision.[6]
The provision also required law enforcement to notify U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) immediately if someone convicted of a violation of state or local law, discharged from prison, or assessed a fine was discovered to be in the country without legal permission. It also provided that state and local law enforcement may not be prohibited or restricted from sharing immigration status information with any governmental entity.[6]
Warrantless arrests
SB 1070 added to the list of permissible reasons for warrantless arrests. Under the law, law enforcement officers could make warrantless arrests of individuals based on probable cause of unlawful presence or probable cause of an offense that makes the person eligible for removal from the United States.[6]
Other provisions
SB 1070 also contained a number of other provisions:[6]
- Prohibited state and local law enforcement from obstructing or restricting federal immigration enforcement
- Allowed law enforcement officers to perform a traffic stop on any motor vehicle based on reasonable suspicion that any person in the vehicle is violating civil traffic law
- Created a state crime for facilitating or encouraging illegal immigration
- Required employers to keep records on the work eligibility of employees for at least three years
- Allowed employers to use an affirmative defense of entrapment if accused of knowingly employing individuals who do not have legal permission to work in the country
Support and opposition
Support
Supporters of SB 1070, such as the Arizona-based blog Gilbert Watch—a publication that "promote[s] the concepts of limited government, low taxes, free enterprise, and personal responsibility"—generally argued that Arizona's enforcement of immigration law would improve public safety. They contended that the federal government had failed to properly secure the border, leading to issues of crime and national security, as well as impacting other areas such as the economy, the environment, healthcare, and public education. In addition, some favored the creation of a state crime to work in the state without legal permission, arguing that this would protect such individuals from exploitation by employers.[7][8]
Opposition
According to FindLaw and the National Conference of State Legislatures, opponents of SB 1070 generally argued that the law violated constitutional and civil rights. They contended that the design and wording of the law would lead to racial profiling and harassment of Hispanic individuals in the state. Constitutional concerns that were raised included issues of "due process, equal protection under the 14th amendment, the prohibition on unreasonable search and seizure under the 4th amendment, and preemption under the Supremacy Clause of the U.S. Constitution."[9][10]
Legal challenge
- See also: Arizona v. United States
The United States government challenged SB 1070 in federal district court before the law went into effect, seeking to stop its enforcement. The government argued that SB 1070 usurped federal authority over the enforcement of immigration law. In its ruling, the district court blocked the following four provisions:
- Creation of a state crime to reside in the United States without legal permission
- Creation of a state crime to work in the United States without legal permission
- Requirement that law enforcement officers verify the legal status of all individuals who were arrested or detained
- Authorization for law enforcement officers to arrest individuals without a warrant based on probable cause of unlawful presence
Arizona appealed to the United States Court of Appeals for the 9th Circuit. The appellate court affirmed the ruling of the district court, finding that the United States had demonstrated that federal immigration law likely preempted the four provisions of SB 1070 at issue.[5][1]
Arizona further appealed the case to the United States Supreme Court, which granted certiorari on December 9, 2011. In a 5-3 decision issued on June 25, 2012, the Supreme Court held that the first, second, and fourth provisions were preempted by federal immigration law. In its opinion, the Supreme Court ruled that the federal government has "broad, undoubted power over immigration and alien status," which precluded three provisions of SB 1070. However, the court also found that the lower courts had erred in deciding that federal law also preempted Arizona's requirement for law enforcement officers to verify the legal status of all arrestees and detainees. Thus, this provision was allowed to remain in effect.[5]
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 Legal Information Institute, "Arizona et al. v. United States - Syllabus," accessed February 5, 2017
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Arizona State Senate, "Senate Bill 1070," accessed February 28, 2017
- ↑ The Arizona Republic, "Timeline: SB 1070 history," April 22, 2012
- ↑ 5.0 5.1 5.2 Oyez, "Arizona v. United States," accessed February 3, 2017
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 Connecticut General Assembly, "OLR Research Report - Summary of Arizona Immigration Legislation and Legislation in Other States," May 14, 2010
- ↑ Gilbert Watch, "In Support of SB1070: Why Should Enforcing Immigration Laws be Subject to Dispute?" accessed February 28, 2017
- ↑ Gilbert Watch, "What is Gilbert Watch?" accessed August 16, 2017
- ↑ FindLaw, "Arizona Immigration Law (S.B. 1070)," accessed March 1, 2017
- ↑ National Conference of State Legislatures, "Arizona's Immigration Enforcement Laws," accessed March 1, 2017
